Various kinds of car accidents happen on the road daily. From minor fender benders to severe collisions, there are endless scenarios. But rear-end collisions are among the most common types of accidents throughout the United States. The NHTSA estimates that about 32% of road crashes are rear-end collisions, and many result in varying degrees of injuries.
While many believe that rear-end crashes are minor, some people suffer for months or years from the effects of collisions. Rear-end collisions can cause brain injuries, whiplash, spinal injuries, fractures, and even burns.
In rear-end accidents, the question of who is at fault is often a source of concern among those involved. It can also lead to misconceptions that make it difficult to know your legal rights after an accident. Most rear-end collisions are the fault of the rear drivers. In the event of an accident, however, the driver of the lead vehicle does not automatically assume liability.
Establishing Fault in Rear-End Collisions
As the rear driver, you must follow other vehicles at a safe distance, which varies according to vehicle speed, road conditions, and many other factors. As mentioned, the rear driver is deemed to be at fault in most rear-end accidents. A driver may be found liable if they failed to pay attention while driving, failed to maintain a safe following distance, or were intoxicated.
The act of breaching (violating) this duty is considered negligence on the part of the driver. As a result, the trailing driver in a rear-end collision is almost always found at least partially negligent (and at fault).
Rear-end collisions may also be caused partially or even completely by the front driver. During the accident, the driver who caused the accident could be found liable if he drove erratically, stopped abruptly, or failed to follow traffic laws.
Understanding the Concept of Negligence in Rear-End Crashes
An act of negligence occurs when a person behaves below a basic standard of care and causes harm to others. You are deemed negligent when you fail to act reasonably, causing someone injury. But what exactly is reasonable behavior? That depends on the circumstances of the accident.
If you are filing a personal injury claim after a rear-end collision, you must first prove that the other driver was negligent and that the negligence caused the accident. All drivers on the road have a duty to others and must take reasonable care and caution when driving. To successfully seek compensation, you must prove that the other driver caused the rear-end collision.
Common Causes of Rear-End Car Collisions
There are several ways reasonable care is breached in rear-end collisions. In the case of the tailing driver, that could mean:
- Failing to follow at a safe distance
- Failing to pay attention to the road and other vehicles
- Distracted driving (using a phone and other devices)
- Failing to stop within a reasonable time
- Driving recklessly even during bad weather and road conditions
- Not properly maintaining the vehicle – faulty brakes
Brake Checking and Rear-End Accidents
Brake checking is a type of road rage. It happens when the driver in front intentionally slams on the brake to intimidate or irritate the trailing driver. When that happens, the rear driver is forced to step suddenly on the brakes or swerve into another lane to avoid a collision.
In addition to causing rear-end collisions, brake checking can result in physical altercations between drivers at the front and rear. When you check your brakes, you are breaking the law. In some cases, you may even face criminal charges for reckless driving.
If you are the rear driver, it will be difficult to prove that someone rear-ended you on purpose if they brake-checked you. You will usually be accused of tailgating by the brake-checking driver, or the lead driver will find excuses for suddenly braking. Thus, looking for witnesses or surveillance camera recordings of the incident is important to prove that you had no fault.
Experts advise not to discuss the details of the accident with anyone, including the trailing driver’s attorney or insurance company representative, if you are accused of brake checking. Consider talking to a lawyer to help prove that you are not at fault.
Comparative and Contributory Negligence
A rear-end car accident may involve more than one driver and indicate multiple faults, as in the case of a chain reaction accident that involves more than one vehicle. Depending on the negligence law of a particular state, the rules may differ. Most states have adopted “comparative negligence” rules, but a few still apply a harsh contributory negligence system. Here’s how they differ:
Contributory Negligence
Only a few states still use this system. According to contributory negligence law, if the rear driver has proven that the lead driver was partly to blame for the accident, the lead driver cannot seek damages from the rear driver, even if the rear driver was 99% at fault and the lead driver only had 1% fault.
Comparative Negligence
In comparative negligence, the fault is allocated between the drivers. If the other driver is partly responsible for the accident, the driver’s liability may be reduced but not eliminated. Comparative negligence has two variations:
- Pure comparative negligence: With this rule, liability is split according to the percentage of fault. For example, if the lead driver has 30% fault in the collision and gets $10,000 in damages, only $7,000 can be collected from the rear driver who has 70% blame.
- Modified comparative negligence: The percentage of fault determines the liability up to a certain point. Plaintiffs are barred from recovering once they reach or exceed this level. In most cases, that limit is between 50% and 51%. The plaintiff cannot recover anything from the other at-fault drivers if he or she is more than 50% at fault for the accident.
If you file a lawsuit for a car accident, shared fault rules will apply. However, insurance adjusters also take these rules into account when negotiating a settlement.
Seek Help From an Expert Lawyer
You may not realize how complicated it is to bring an accident claim after a rear-end collision. Most certainly, the at-fault driver’s insurance company will try to avoid paying the compensation you deserve for your injuries and damages. An expert lawyer will help you get the right compensation – whether it’s a settlement or going to trial. If your case should go to trial, your lawyer will examine all available evidence to build a strong case for you, argue in court to secure a fair result, and negotiate with insurance companies.
